Bhopal (Madhya Pradesh): The Madhya Pradesh High Court principal bench at Jabalpur altered a murder conviction to culpable homicide not amounting to murder in a case where a man died after being struck by a stone during a sudden altercation amid a Ganesh Chaturthi procession in Bhopal.
The court altered the life imprisonment sentence to seven years of rigorous imprisonment under Section 304 Part II of the Indian Penal Code (IPC).
A division bench of Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen held that the incident took place on the spur of the moment without any premeditation and therefore fell within the fourth exception to Section 300 of the IPC.
Vinod Thakur filed a criminal appeal challenging the judgment of the third Additional Sessions Judge, Bhopal. The trial court had convicted him under Section 302 of the IPC and sentenced him to life imprisonment.
According to the prosecution, complainant Amita Chandel and other family members had gathered near Milan Hotel in Bhopal late at night on Sep 28, 2023 to watch a Ganesh Chaturthi procession. Around 2am, some persons dancing in the procession allegedly began throwing stones at each other.
During this commotion, the appellant Vinod Thakur came and sat on the footpath between the complainant s daughter and niece. When the complainant s brother Amit objected, Thakur allegedly abused him and threw a stone which struck Amit on the head, causing him to collapse.
Advocate Laxmi Chandra Chourasiya, who appeared for the petitioner, informed The Free Press Journal that the incident was the result of a sudden quarrel during a festive procession and there was no intention to cause death. It was submitted that, at best, the case reflected knowledge of possible consequences but not the intention required to sustain a conviction for murder.
